Design Copyright Infringement Cases

Copyright infringement in design carries legal and financial repercussions for individuals and businesses alike.

This article will address various instances of design copyright infringement cases, covering the definition of design copyright, its occurrence, and legal options in the event of a lawsuit.

As the world becomes more visually oriented, design copyright violation cases are becoming increasingly common.

In industries such as fashion, graphic design, and product manufacturing, having original designs is essential for achieving success.

As a designer or manufacturer, it is crucial to have knowledge of design copyright infringement in order to safeguard your intellectual property and yourself.

All About Infringement, Copyright, and Design

Infringement

Infringement is defined as the utilisation of intellectual property without the owner's permission.

This can include copying, reproducing, distributing, or displaying someone else's work without permission.

Infringement may arise in various domains, such as copyright, trademark, and patent law.

Copyright

Copyright is a type of intellectual property that protects original works of authorship.

This can include everything from books and music to software and artwork.

Copyright law grants the owner of a work exclusive control over its use, reproduction, distribution, and display.

Legal protection is provided for these rights, and enforcement can be pursued through legal means.

Design

Design pertains to the visual aspect of an object or product.

This can include everything from clothing and furniture to packaging, logos, and website layouts.

Design can be protected by copyright, trademark, and design patent laws. The precise sort of design and the country in which it was made, however, determine the type of protection.

In the context of this article, design copyright infringement refers specifically to the unauthorised use of someone else's copyrighted design.

This can occur in a variety of industries, including fashion, graphic design, and product manufacturing, and can have serious legal and financial consequences for the infringer.

Design Copyright

Design copyright is a type of intellectual property that protects the visual appearance of an original design.

The scope of its protection covers various types of design works such as graphic, industrial, textile, and architectural designs, among others.

To be eligible for copyright protection, a design must be original and fixed in a tangible medium, such as a sketch or computer file.

What Constitutes Infringement?

Infringement occurs when someone uses all or part of a copyrighted design without permission from the owner.

This can include copying, reproducing, distributing, or displaying the design without authorisation.

Infringement can happen without intention or awareness of copyrighted design.

Several factors are considered when determining whether design copyright infringement has occurred, including:

• Substantial Similarity: The infringing design must be substantially similar to the copyrighted design in appearance, concept, and overall impression. This substantial similarity is determined through a side-by-side comparison of the two designs.
• Access: It is crucial to establish that the alleged infringer had access to the copyrighted design, either directly or indirectly. This can include having seen the design in person, online, or through other means.
• Copying: The infringing design must be the result of copying rather than independent creation. If an individual can demonstrate that they created the design independently, it may not be deemed a violation of copyright.

How does it happen?

Copyright infringement in design can occur through various means.

In certain instances, copying a design is done with the intention of profiting from it, constituting a deliberate act of theft.

In other cases, it can be accidental, such as when two designers come up with similar ideas independently.

The potential outcomes carry significant weight in both scenarios.

Navigating the Complex World of Design Copyright Infringement: A Closer Look at the Designs Act 2000

The Designs Act 2000 plays a pivotal role in shaping the landscape of design copyright infringement in India. It outlines the criteria for registering designs and the implications of not doing so.

To better understand design copyright infringement according to the Designs Act 2000, it is essential to grasp the nuances of design registration and the consequences of industrial replication.

The Designs Act 2000 offers guidance on registering a design through three fundamental criteria outlined in Section 4:

• Originality: The design must be new or unique. The idea doesn't need to be entirely original, it must be a new innovative usage of an existing one.
• Non-publication: The design must not exist in the public domain or have been published in any tangible form, either in India or internationally.
• Distinctiveness: The design should be unique and not resemble any existing designs or a combination of designs that are in the public domain. Furthermore, it must not contain any scandalous or obscene content.

When a design meets these criteria, it is eligible for registration under the Designs Act 2000.

However, if the design is not registered and is applied to an article more than fifty times through an industrial process (either by the copyright holder or with permission from another person), it loses its copyright protection.

This stipulation highlights the importance of registering your design to safeguard your intellectual property.

In essence, design copyright infringement under the Designs Act 2000 revolves around the unauthorised use of a design that is either registered or eligible for registration under the Act.

To protect your designs from infringement, it is crucial to understand the registration process, adhere to the outlined criteria, and register your design when applicable.

By doing so, you can ensure the longevity of your creative works and avoid losing your rights due to industrial replication.

Famous Copyright Infringement Cases in Art

Lawsuit over Miles Davis Photo

In this case, Mr. Maisel, the owner of a famous photograph of Miles Davis, sued Mr. Baio for copyright infringement.

Mr. Baio used a digital copy of the photo to create an 8-bit version for the cover of his jazz remix album, Kind of Bloop, without obtaining permission from Mr. Maisel.

The parties eventually reached a settlement of $32,000 in damages, which Mr. Baio agreed to pay to Mr. Maisel. However, the lawsuit has also had negative consequences for Mr. Baio's online reputation.

By being publicly associated with copyright infringement, Mr. Baio's credibility and reputation may have been damaged, potentially affecting his future business and creative opportunities.

Warner Brothers vs. Whitmill

In the aftermath of the wildly successful Hangover 2, Warner Brothers found themselves in a legal battle with tattoo artist S. Victor Whitmill.

Whitmill claimed that the film and its promotional materials had used his tattoo design without permission or credit, and he filed a lawsuit against the publisher.

Warner Brothers argued that their use of the design fell under the "fair use" policy, but Whitmill pressed on and requested a preliminary injunction to halt the film's release.

Though the injunction was denied, the judge acknowledged that Whitmill had a strong case and could continue the lawsuit.

Ultimately, a settlement was reached out of court, and the film was released as planned, cementing its place in comedic history.

David Anasagasti vs. American Eagle Outfitters

In 2014, a Miami street artist named David Anasagasti, who goes by the name Aholsniffsglue, took legal action against American Eagle Outfitters for using his signature droopy eye design in their marketing campaigns without his permission.

The infringement began when the retail company featured Ahol's work in the background of an ad, with a model holding a spray paint can in a way that implied he was the artist. However, this was not the only instance of infringement.

Later on, to promote a new store in Colombia, American Eagle Outfitters allegedly invited local street artists to copy Ahol's design and add the company's logo on top.

The lawsuit was settled out of court, with American Eagle Outfitters paying an undisclosed sum to the artist.

Rogers vs. Koons

Photographer Art Rogers sold a photograph of a couple holding puppies, which artist Jeff Koons used to create a set of statues for an exhibit on everyday items.

Rogers sued Koons for copyright infringement, but Koons argued that it was fair use by parody.

However, the court ruled in favor of Rogers, as the similarities between the two works were too close and a typical person could recognise the copy.

The case raised important questions about appropriation art and whether building upon another's work constitutes derivative work.

It also highlighted the issue of whether photography can be considered a creative and artistic product.

This case has since become a reference point for many subsequent cases, including the issue of vector-tracing an original photograph for design and whether it devalues the original artist's work.

Related Article: Art Copyright Infringement

Design copyright infringement cases

Fashion and Apparel

Fashion and apparel are one of the most common industries for design copyright infringement cases.

This is because fashion designs are often simple and easily copied and because fast fashion retailers are constantly looking for ways to create new designs quickly and cheaply.

This article is originally published on the Bytescare Blog.